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B-195180 1 (1980-03-10)

handle is hein.gao/gaobadibo0001 and id is 1 raw text is: 

/ 3o66


                    /   7  THE  COMPTROLLER GENERAL
DECISION            *      OF  THE UNITEO        STATES
                           WASHINGTON, D.C. 20548




FILE:    B-195180                   T   March   , 1980
             Cathryn P. Seaburn - Expenses  f Return Travel
MATTER   OF:                                   i
             and Transportation from Alaska   ailure to
             Fulfill Government Service Agreement]
DIGEST:   1. U.S. Customs Service requires employee
             transferred to Alaska to serve 24 months there
             in order to be entitled to reimbursement of
             travel and transportation expenses to place of
             actual residence at time of transfer unless he
             returns earlier for reasons beyond his control and
             acceptable to agency. Claim of former employee
             of Customs Service was properly denied where
             agency presented reasonable basis for finding that
             employee's premature return and separation in
             circumstances presented was for reasons within
             her control and not acceptable to Government.

          2. Although U. S. Customs Service granted employee
             in Alaska leave without pay to return to actual
             residence for personal reasons, employee is not
             entitled to reimbursement of travel and transpor-
             tation expenses. There was reasonable basis for
             agency determination that employee did not return
             to Alaska to complete required 24 months of
             service there for personal reasons which were
             not acceptable to it and GAO will uphold such
             determination absent evidence of arbitrary or
             capricious action by agency.


   In this action we consider the claim of Mrs. Cathryn P.
Seaburn, a former employee of the U. S. Customs Serviee
Department of the Treasury, for return travel and transpor
tation expenses following a period of official duty in Alaska.


   The record indicates that Mrs. Seaburn [the former
Cathryn P. White] was transferred on March 26, 1978, from
Tampa,  Florida, to Anchorage, Alaska, in connection with her
continued employment with the Customs Service. Mrs. Seaburn
reported to her new duty station effective March 27, 1978. In
January 1979, Mrs. Seaburn requested and was granted leave
without pay (LWOP) for 3 months effective beginning January28,
1979. Subsequently, Mrs. Seaburn returned to her actual resi-
dence in Florida and resigned from Government service effective
April 30, 1979.


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